MUJEEB RAHMAN Vs. THE STATE OF KERALA

JUDGEMENT

(1.) Accused in S.T. No. 318/12 on the file of the Judicial First Class Magistrate Court, No-I, Thamarassery is the revision petitioner herein.

(2.) The case was taken on file on the basis of a private complaint filed by the complainant under Section 138 of the Negotiable Instruments Act (hereinafter called 'the Act').

(3.) The case of the complainant in the complaint was that revision petitioner had business transactions with him and he had purchased articles evidenced by Ext.P2 invoice and issued Ext.P3, P4 and P10 cheques drawn on Kalpetta Service Co-operative Bank in favour of the complainant in discharge of that liability. The cheques when presented were dishonoured for the reason 'funds insufficient' evidenced by Ext.P5, P6 and P6(a) return memos. The complainant issued Ext.P7 notice vide Ext.P8 postal receipt and the same was received by the revision petitioner evidenced by Ext.P9 postal acknowledgment. The revision petitioner had not paid the amount. So, he had committed the offence punishable under Section 138 of the Act. Hence the complaint.